Kerala High Court
Jayakumar Kc vs Beenamol B.K on 1 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
RP NO. 154 OF 2023
AGAINST THE ORDER/JUDGMENT IN WP(C) 41373/2022 OF HIGH COURT
OF KERALA
REVIEW PETITIONER/THIRD PARTY:
JAYAKUMAR KC
AGED 47 YEARS
S/O LATE CHANDRAN PILLAI,
JALAJA SADANAM, KUZHIMATHIKADU P.O,
KOLLAM - 691509.
BY ADV ARUN BABU
RESPONDENTS/WRIT PETITIONER & RESPONDENTS:
1 BEENAMOL B.K
D/O KANKAMMA, BINDU BHAVAN,
KUZHIMATHICADU P.O., KAREEPRA VILLAGE,
KOTTARAKKARA TALUK,
KOLLAM DISTRICT, , PIN - 691509.
2 DISTRICT GEOLOGIST
KOLLAM DISTRICT,DISTRICT OFFICE,
DEPARTMENT OF MINING & GEOLOGY,
KOLLAM DISTRICT - 691002.
3 THE SECRETARY
KAREEPRA GRAMA PANCHAYAT,
KUZHIMATHICADU P.O,
KOLLAM DISTRICT - 691509.
BY SMT.K.G.SAROJINI GP.
ADV MANU RAMACHANDRAN (R1)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
R.P No. 154 of 2023 in W.P.(C) No.41373/2022
ORDER
Dated this the 1st day of February, 2023
The petitioner in this review petition is a 3rd party to the writ
petition. The review petitioner states that there are errors apparent
on the face of the records in so far as the judgment dated
21.12.2022 in W.P.(C) No.41373/2022 is concerned.
2. The writ petitioner approached this Court seeking to
direct the District Geologist to issue Mineral Transit Passes. This
Court directed the District Geologist to take up the application
submitted by the writ petitioner, as evidenced by Ext.P2, and issue
Mineral Transit Passes to the writ petitioner within a period of one
month, if the writ petitioner is otherwise eligible, based on Ext.P4
affidavit and the undertaking made before this Court.
3. The review petitioner would submit that there is a
judgment of the Munsiff's Court as evidenced by Annexure-A1,
which was delivered on 05.01.2022, wherein the writ petitioner
R.P No. 154 of 2023 in W.P.(C) No.41373/2022
was restrained from removing earth from the plaint C schedule
property so as to affect the lateral support of plaint A and B
schedule properties. The writ petitioner approached this Court
suppressing the order dated 05.01.2022 of the Munsiff's Court,
Kottarakkara.
4. The counsel for the review petitioner contended that if
Annexure-A1 order has been brought to the notice of this Court,
this Court would not have given any relief to the writ petitioner.
The review petitioner ought to have been made a party to the writ
petition and heard in the matter while deciding the writ petition.
To that extent, there is an error apparent on the face of the record,
contends the counsel for the review petitioner.
5. I have heard the learned counsel for the review
petitioner, the learned counsel for the writ petitioner and the
learned Government Pleader representing the 2nd respondent.
6. In view of the nature of the relief granted in the writ
petition, notice to the 3rd respondent is dispensed with.
R.P No. 154 of 2023 in W.P.(C) No.41373/2022
7. I find that the direction of this Court in the judgment
dated 21.12.2022 in W.P.(C) No.41373/2022 is to consider the
application submitted by the writ petitioner for issuance of Mineral
Transit Passes. The application submitted by the writ petitioner is
of a statutory nature. Therefore, when an application is received,
the District Geologist is bound to consider that application in
accordance with law. Therefore, there is no error apparent on the
face of the judgment.
8. However, in this case, it is to be noted that the review
petitioner had approached the Civil Court and obtained
Annexure-A1 interim order dated 05.01.2022, which has some
impact on the issue involved in the writ petition.
9. In view of the above, I find that the review petition can
be disposed of directing the 2nd respondent to consider
Annexure-A1 order of the Civil Court also, while considering the
application for issuance of Mineral Transit Passes submitted by
the writ petitioner.
R.P No. 154 of 2023 in W.P.(C) No.41373/2022
In the circumstances, the review petition is disposed of
confirming the judgment dated 21.12.2022 in W.P.(C.)
No.41373/2022, but at the same time, directing the
2nd respondent-District Geologist to consider Annexure-A1 order of
the Munsiff's Court also, while processing the application of the
writ petitioner for Mineral Transit Passes.
Sd/-
N. NAGARESH
JUDGE
ams
R.P No. 154 of 2023 in W.P.(C) No.41373/2022
APPENDIX OF RP 154/2023
PETITIONER'S ANNEXURES
Annexure-A1 THE TRUE COPY OF THE ORDER DATED
05/01/2022 IN I.A 1/2021 IN OS 467/2021
OF MUNSIFF COURT KOTTARAKKARA
